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(영문) 춘천지방법원 속초지원 2019.10.23 2018고단528
도로교통법위반(무면허운전)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On August 27, 2018, the Defendant: (a) driven a B sad-shaped vehicle without obtaining a driver’s license within approximately 2 km section from the roads near the 368 Round-ro Round-ro 368 Round-ro 10 km-ro 10 km-ro from the roads near the Pod-ro Pod-ro Pod-ro 28 Pod-ro.

2. Violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents (Bodily Injury) is a person who is engaged in driving a vehicle with B Pod Pad Poom.

On August 27, 2018, the Defendant driven the said car without obtaining a driver's license on August 23:28, 2018, and led the Defendant to drive the said car along the two-lanes from the direction of the right road to the intersection of the road at the direction of the right road.

In such cases, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by accurately manipulating the front, rear, left and right of the motor vehicle and the brakes, etc.

Nevertheless, the Defendant neglected to do so and received the front part of the E SP car in front of the Defendant’s driving of the E SP car which was behind the Defendant.

After all, the Defendant suffered injury to the victim F (V, age 29) who was on board the said SP car due to the above occupational negligence, such as salt, tension, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D or F;

1. A survey report, on-site map, a black scambling images, the register of driver's licenses for motor vehicles, and a report on investigation (to listen to the victim's D phone statement);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Act on Special Cases concerning the Settlement of Traffic Accidents, the proviso to Article 3 (1), Article 3 (2) 7 of the Act on Special Cases concerning the Settlement of Traffic Accidents, and Article 268 of the Criminal Act, the applicable provision concerning criminal facts, the selection of punishment for imprisonment without labor,

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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